This property has a documented history as an automobile dealership predating 1986. Historical insurance policies issued during operations at this property and through 1986 could help fund the ongoing and future cleanup under Oregon DEQ oversight.
This auto wholesale property in Marion County housed regulated underground storage tanks containing heating oil, diesel, waste oil, and gasoline, with a release discovered in 2003 that contaminated both soil and groundwater. Oregon DEQ assigned the site for active oversight, and a Cost Recovery Agreement executed in August 2021 establishes an ongoing financial obligation for the responsible party. The site has not received a No Further Action determination, and investigation and remediation work remains ahead under the direction of DEQ project management. That history could support an insurance coverage claim against the carriers who issued policies more than 40 years ago — coverage that could help fund the cleanup ahead.
Why Historical Insurance Policies May Be Accessible
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Oregon — and those policies may provide coverage that remains enforceable today. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
The underground storage tanks at this auto wholesale facility are consistent with installation during the late 1970s to early 1980s, placing the operations that led to petroleum contamination of soil and groundwater well before 1986. The ongoing cleanup obligations under Oregon DEQ oversight — including the financial commitments established by the 2021 Cost Recovery Agreement and the investigation and remediation work still required to reach site closure — represent substantial costs going forward that pre-1986 carriers may be obligated to fund.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
The Restorical Proven Process
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.